Houston Truck Accident Lawyer Blog

According to reports, an auto -truck accident off Highway 288 in Brazoria County resulted in two men being flown to a Houston area hospital.

Police report that a GMC truck was being driven south on Highway 288 when the vehicle left the roadway and struck a sign. Then the driver of the GMC truck attempted to correct the vehicle and cut over into oncoming traffic and striking a Nissan Sentra. Excess speed may have also been a contributing factor.

One of the drivers sustained a broken leg and the other driver was reported unconscious at the scene with a serious head injury.

The police department is investigating the cause of the car accident before issuing the official crash report.

Continue reading "2 Angleton Men LifeFlighted to Houston Hospital from Car and Truck Accident" »

A truck driver was killed after being run over behind a Houston brewery, it has been reported. The trucker was standing behind his semi trailer loading or unloading when he was run over according to the Houston Police Department. Police are looking for a Red Freightliner semi truck.
If anyone has information contact the Houston Police Department hit and run department 713-247-4965.

Given the record keeping required of Truck drivers and Trucking Companies it is much easier to track down semi trucks involved in accidents than of passenger vehicles.

Houston, more than a dozen early morning automobile accidents are attributed to the recent rain we have had in Harris County.

The first reported accident in Houston for the day, happened just after midnight when an 18 wheeler jackknifed at the U.S. Highway 59 Bridge. Also car and truck accidents were reported from the wet streets on Sam Houston Toll Road also know as Beltway 8, the Southwest Freeway, FM 1960, Highway 88 and Katy Freeway or I-10.

Another tractor-trailer accident was reported on the Southwest Freeway near Gessner and blocked 3 lanes of traffic until about 4:30 am when the truck wreck was cleared.

A two car accident was reported on North West Freeway or U.S. 290 and blocked traffic near the 610 exit.

The Texas Department of Insurance offers the following safety tips for dealing with Hydroplaning on wet roads.

1. Do not brake or turn suddenly;

2. Ease your foot off the gas until the vehicle;

3. Turn your steering wheel in the direction of the skid. As you recover control, gently straighten the wheels; and

4. If you need to brake, do it gently with light pumping action. If your vehicle has anti-lock brakes, then brake normally because the vehicle's computer will mimic a pumping action.

Two big rigs collided in a truck accident which resulted in the death of one of the truckers, it is reported. One of the trucks was attempting to pass the other truck when the accident occurred. The truck accident caused a fire which consumed the cab of one of the trucks. The truck accident happened just after 5 a.m.

A video showing the accident can be seen here.

With truck and car fires an analysis of the cause and origin of the fire is usually made by an dangerous product attorney representing the family of the victim to determine if a the design of the car or truck lead to the fire causing serious burn injury or wrongful death. In such cases, the burn injury attorney may file a lawsuit naming the manufacturer of the defective product.

Recently, a Texas woman started up FocusDriven a non profit organization that will model Mothers Against Drunk Driving, in a effort to "prevent injuries and save lives by eliminating cellphone use while driving". The groups goal of raising awareness of cell phone use as a distraction to safe driving looks to be a worthy one.

Jenifer Smith the founder of FocusDriven lost her mother in an automobile accident when she was hit by a driver talking on his cellphone. Texting and internet use and cellular telephones have been the subject of much discussion and some regulation.

New York recently passed a law making portable electronic devise use by drivers illegal.

The Texas Department of Transportation says one in four accidents involve driver distraction. According to NHTSA nearly 600 people died in crashes with distracted drivers in 2008 alone and 1.4 million auto accidents were cause by cellphone use.

Continue reading "Distracted Driving-An Accident Waiting to Happen" »

Under a new rule that went into effect today, commercial drivers are prohibited from texting while driving. According to U.S. Secretary of Transportation Ray LaHood the regulation provides for fines up to $2750. The regulation is part of a larger distracted driver awareness policy of President Obama's administration, it is reported.

According to research studied by The Federal Motor Carrier Safety Administration distracted drivers are 20 times more likely to get in a wreck. These and other issues are important in assessing responsibility by truck accident attorneys and for determining whether punitive damages are possible in a truck or auto accident lawsuit.

I applaud the efforts to ban texting by the administration and those of FOCUS DRIVEN a non-profit group seeking to raise awareness of the dangers of cell phone use while driving.

A young man 23 was killed when a tire came off a truck and bounced across several lines of traffic striking his car. The highway patrol investigated the accident which occurred in Washington County. According to reports a tire came off a Ford F350 pickup heading north on the highway when the wheel came off.

This accident is a reminder to all of us to check our vehicles regularly for safety issues , many accidents happen that could have been prevented with proper maintenance. If you have been in a serious accident in involving a big rig or a tire failure and seek help, look for an experienced accident and injury attorney with a track record of success.

Remember your safety and the safety of your loved ones may depend on the condition of the vehicle you are driving. Check your wheels and tires frequently, for wear and make sure your tires are properly inflated according to manufactures specifications.

Additionally, I am seeing more and more accidents that involve old tires that fail. If your tire is 6 years old many manufactures recommend you replace them regardless of tread wear. Share tires are especially susceptible to looking good but being unsafe due to old age.

To check your tires age look for the last 4 digits of the DOT number on the side of the tire. The first 2 digits are the week the tire was made the last 2 tell you the year.

An example of a tire made in the 50th week of 2007: DOT U2LL LMLR 5007

The biggest mistake I see when folks try to settle their own injury case is that they trust the adjuster and expect the adjuster to be reasonable and fair. Adjusters work for the insurance company- they get paid to pay you as little as they possibly can. Fairness is not part of the equation.

Many people contact us long after the accident in which a loved one was hurt and just after they have their first discussion with the insurance adjuster about what the insurance company wants to pay for their injury claim. Frequently folks attempting to settle the case themselves actually hurt their case by one or more of the following:

• Giving a recorded statement;
• Not getting photographs of the vehicles or scene;
• Not getting proper medical care or waiting a long time to get care; and
• Letting key evidence get away;

Continue reading "THINKING OF HANDLING YOUR OWN INJURY CLAIM?" »

A San Antonio man is accused of vehicular homicide, leaving the scene of an accident and drunken driving in a fatal hit and run accident.

According to a Houston County sheriff's captain, the driver of the 18-wheeler had just come off an Interstate 75 exit ramp when he ran a red light and crashed into the passenger side of a Ford F-150 pick up truck driven by a Michigan women.

The woman and her husband, who was a passenger, were taken to separate hospitals. According to the sheriff's captain the woman driver was pronounced dead, while her husband suffers from head injuries and is listed in stable condition.

The captain also said the driver of the 18-wheeler fled the scene but was later captured and taken into custody. He faces several traffic-related offenses, he added.

At long last motor coaches are about to be regulated in an effort to improve safety. Under a plan with the NHTSA and the Federal Motor Carrier Safety Administration rule making will begin to assist in motor coach safety.

NHTSA is expected to issue rules requiring the installation of seat belts in motor coaches, set parameters for tire safety and examine such factors such as roof crush and stability on motor coaches and buses.

The Secretary of Transportation, Ray LaHood issued the directive to improve safety on our highways with motor coaches.

Other issues of interest under the plan are rule making for on-board recording devises which can be used to monitor driving time and speed.

Bus safety has recently come up with the death of a 16 year old school boy in Connecticut when a bus without seat belts was involved in a wreck.

Continue reading "National Highway Traffic Safety Administration releases a Motor Coach Safety Action Plan" »

An 18-wheeler flipped and exploded killing the driver and torching the truck in an inferno that could be seen for miles. The truck was hauling gasoline and burned out of control for hours. Also 200 feet of roadway melted that caused the highway to be closed. The DOT was reportedly optimistic that the highway could be reopened soon.

According to reports of the Sherriff's Department, the accident happened when the rig tried to pass a small car that apparently slowed down do to mechanical problems. The car was attempting to pull off to the shoulder when the truck veered around it and struck the car and lost control.

This unfortunate truck accident shows that even semi drivers are at risk with the sheer weight of the truck. With the attached trailers the semi-trailer combination frequently loses control when truck changes speed, with a sudden change in direction, or striking an object at an angle and the trailer continues to travel forward making it almost impossible for the truck driver to control. A formal reconstruction will probably be completed by the appropriate officials or by a truck accident attorney.

The Southwest Freeway was closed for over an hour as a result of an accident involving a convertible and another automobile. The driver of the convertible was reported by Fox Houston to be in serious condition. Reportedly, the Chrysler convertible flipped over the retention wall with the top down causing head injury to the driver. I hope that the driver recovers quickly and fully without serious or permanent damages.

Head injury in some cases can be especially difficult for the victim and their families to deal with because of the limited treatment options and the impact of adjusting on the injured and their family. Closed head injury or traumatic brain injury many times manifests itself in symptoms such as loss of memory, aggressive or change in behavior or in mood swings. Fortunately, Houston has the world's greatest medical professionals and is in the forefront for the country for cutting edge medicine.

Some closed head injuries completely resolve and the victim can return to their normal routines and life in a few months. Other traumatic head injuries can sadly be permanent and others can improve over time with proper medical care. Often in the more serious of head injury, a life care planner is hired by a personal injury attorney to calculate the lifetime medical needs and costs for the victim. Rehabilitation and often specialized care is required in the more sever head injury cases.

The Baumgartner Law Firm recently filed a lawsuit in connection with the rollover of a tractor- trailer that severely injured a passenger. The Lawsuit was filed in the 269 District Court of Harris County Texas- Cause No. 2009-65219. The plaintiff, Ms. McHeik is represented by Greg Baumgartner, a Houston personal injury attorney who handles truck accident litigation in Texas.

The lawsuit names as defendants both the truck driver and his Company. The Company denies responsibility in the lawsuit. According to the official Texas Peace Officer's Crash Report the drivers load shifted which was a cause of the rollover.

Continue reading "18 Wheeler Accident Lawsuit Filed In Houston" »

Outstanding freshman line backer Sule Osagiede died yesterday as a result of an automobile accident in Beaumont, Texas according to KBRZ news.

"We are deeply saddened to learn the tragic news about Sule and we offer our condolences to his family, friends, classmates and teammates," Tulane Athletic Director Rick Dickson said in a statement. "Sule was a bright young man with an infectious smile. He will be greatly missed."

Sule lettered at Tulane his freshman year but missed last season due to injury.

Continue reading "Tulane Linebacker Dies in Auto Accident " »

One news reports that a wheel came off a truck and struck a bus going the other direction. The wheel struck the bus window and the bus driver was listed in critical condition.

The highway remained closed while police investigated the truck/bus accident. Wheels from 18-wheelers are especially dangerous do to their size and weight and can weight up to more than 400 pounds, which at highway speeds can be a deadly missile.

Under the Federal Motor Carrier Safety Regulations (Texas has adopted the FMCSR) truckers are required to do pre-trip inspections to avoid equipment problems that may lead to a truck accident. Wheels and rims are part of the required inspection prior to each trip. Additionally Section 396.3(a)(1) of the Federal Motor Carrier Safety Regulation expressly provides that "axels and attaching parts, wheels and rims" shall be in safe and proper operating condition at all times. I have investigated many truck accidents in Houston and throughout where poor equipment has lead to disastrous results. Many instances of truck driver negligence can be avoided by implementing policy to insure that both the truck company and their driver adhere to the Motor Carrier Safety Regulations. Some times simply checking the lug nuts can avoid a wheel coming off. In instances after a wreck several times the post accident inspection of the rig in the accident reveled missing lug nuts and other unsafe conditions.

Kbtx Bryan / College Station reported that a College Station police officer was killed in an early morning head on car accident. Police in death cases usually reconstruct the accident to determine if charges will be filed. I have no word on the results of any such reconstruction by the authorities.

My heart goes out to the officer's family and I am thankful for the efforts of those who protect us every day whether overseas or on our streets. Not enough credit is given to our officers on the street who like our military are called upon to protect us in times of danger. While this blog post is a pretty sorry excuse to say thank you to all our patrolmen and troupers for all you do each and every day-to protect us, it came to mind when hearing of this terrible loss.

I am a lifetime member of the 100 Club, a fund for Officers killed in the line of duty in the Houston Area- see details at www.the100club.org . While the 100 club may not provide benefits for the family of this fallen hero, it is a great cause and necessary for the Houston area families of fallen heros and I urge you to join today.

A former garbage truck driver who was involved in a rollover accident killing his co-worker pleaded guilty to criminally negligent homicide.

According to reports the fatal accident happened on a morning route in North County, when the 100,000-pound garbage truck rolled over crushing and killing the driver's co-worker.
The driver originally blamed the accident on faulty brakes, which he said malfunctioned when he tried to slow down, investigators said. The driver claimed he was trying to avoid hitting some trees and when he noticed the brake malfunction he pulled the emergency brake and put the truck in reverse.

After an investigation, it was determined by the Texas Department of Public Safety that not only was the vehicle current at the time of the accident with it's commercial vehicles inspections, but the truck was also safe to drive. A local prosecutor stated, "DPS believed he was driving in a manner so negligent that it was criminal and that his driving caused the truck to end up on its side."

The waste company's owner said if a driver suspects any unsafe conditions, such as faulty brakes, the drivers are suppose to stop the vehicle and call the company for a mechanic. The driver claims when the brakes malfunctioned he did call the company but got no response, according to reports.

At the time of the accident, the driver had only worked for the company for three months. The company owner also said he had received reports that the driver was driving too fast.

According to reports the driver pleaded guilty to the criminally negligent homicide charges and received a 15 month jail sentence.

It is unknown if the decedent's family has filed a wrongful death case.

The authorities in Longview are looking into a truck accident where a cement truck, which turned over on the railroad tracks inside town. No injuries were reported and crews were dispatched to clean up the site which had the roadway blocked for over an hour.

Continue reading "Police investigating Truck Wreck in Longview Texas" »

Since about 1949 big rig trailers have used air brakes as the mechanism to stop the trailer in an articulated vehicle. The change to air brakes was necessary due to the increased use of large rigs such as we find on our roadways today. Hydraulic brakes are still used on smaller straight trucks but the braking components and designs have evolved over the years for hydraulic brakes to adapt for faster speeds and more efficient stopping power.

While air brakes on tractor trailers have several important safety features built in, such as dual air systems, the operating condition of the braking components is a big part of accident reconstruction analysis when indicated by post accident inspections and or the objective findings at the accident scene. After a truck accident it is very important to inspect the scene and vehicles as soon as possible after the wreck to get the clearest picture of the cause of the wreck. Both driver and trucking company have very stringent responsibilities under the Federal Motor Carrier Safety Regulations with regard to the operational condition of the rig. Additionally, manufacturers of semi trucks have minimum design standards for stopping under the FMVSS of 335 feet at 60 mph for most semi trucks.

Sometimes wrongful death or serious injury could have been avoided simply by adequate care with respect to maintaining the brakes. Early inspection of the commercial vehicles by truck experts and an experienced truck accident attorney is advisable to best prepare a truck accident claim.

Continue reading "Bad Brakes on 18 Wheelers" »

Driver Inattention
The number one allegation in an automobile accident lawsuit is that a driver was inattentive with contributed to or cause the wreck. Usually, driver inattention is coupled with a violation of a statutory duty such as failing to yield the right of way or running a stop sign. Sometimes, driver inattention can stem from texting, cell phone use, distractions in the car (such as tending to children or changing radio stations). Driver inattention as a cause of a wreck is also frequently coupled with following to closely, a car in front stops suddenly or changes lanes quickly to avoid a situation ahead and the inattentive driver is not able to react quickly enough, resulting in an accident. Recently, criminal charges have been filed in Texas against drivers who have been on their cell phones and cause an accident that resulted in serious injury to an innocent party.
As a rule of thumb, we have a one second delay in reaction from the time we perceive a danger which is called reaction time. While that number can vary somewhat do to our age, or other factors it is a generally recognized and accepted number. A vehicle traveling at the rate of 65 miles per hour travels 95 feet in one second or roughly 5 and ½ car lengths. As you can see, in many instances, another second or two earlier reaction and many dangerous situations could be avoided completely.

As a practical matter, in many automobile accident cases, such as running a stop sign the reaction time may be irrelevant because the accident will happen as a result of the disregarding a traffic sign or signal. But in many car and truck accidents, particularly at highway speeds, driver reaction and perception are important parts of reconstruction of the accident to determine fault for the wreck.

Continue reading "The Top Reason for Car Accidents in Houston" »

A family who lost a loved one filed a wrongful death lawsuit stemming from a truck accident on the Dallas North Tollway it is reported.

Included in the wrongful death case with the truck driver and the Toll Authority are other companies who helped design, construct or maintain the toll way. Allegedly, the trucker lost control of the truck and struck a concrete median, breaking loose a chunk of concrete that struck the victims windshield. Very good Texas lawyers represent the family.

Continue reading "TRUCK ACCIDENT WRONGFUL DEATH LAWSUIT NAMES NORTH TEXAS TOLLWAY AUTHORITY" »

A truck accident on the Gulf Freeway involving a tanker truck caused a massive traffic jam in Houston. It was feared the truck was carrying sulfuric acid and crews took extra caution in clearing the wreck. The trucker was pinned in the overturned vehicle and was freed by Houston Firefighters. It did not appear that the tanker spilled any of its liquid.
Truckers carrying hazardous materials are subject to special driving and parking rules under the Safety Regulations adopted by the State of Texas. The extra precautions taken under the safety rules for trucker's carrying hazardous material is designed to prevent discharge of the material and protect the public.
Material spilled on the roadway can create a very dangerous situation and the Baumgartner Law Firm has over the years, successfully litigated wrongful death cases stemming from discharge of substances on Houston Highways.

According to news reports a trucker rear-ended a school bus recently on U.S. 59 in Houston near the medical center. According to reports the student aboard the bus was not hurt however the driver of the commercial vehicle was injured and the bus driver's aide was taken to a hospital for observation. Life flight airlifted the commercial truck driver from the scene but his condition is unknown.

Truck accidents such as a vehicle being rear ended by a rig are fairly common because the stopping distances for large trucks are much greater than the stopping distance for the average consumers automobile. In serious tractor-trailer accidents, it is important to have qualified people inspect the rigs brakes to determine with equipment played any role in the accident.

Most of the time a rear-end truck accident is not caused by faulty equipment but instead by a commercial driver following to closely and not paying proper attention. The weight of a tractor-trailer can be up to 26, 000 pounds without a special permit in Texas which also affects stopping ability.

The stopping distance for a fully loaded semi is roughly 25% more than the average passenger car. While other factors such as road condition, tires, weather and actual loaded weight are considered in a technical analysis of the accident event and determination of fault for the wreck, following to closely is often the case. In short, truck drivers due to the size and stopping limitations of their rigs need to allow an extra cushion of space to safely operate on our streets and highways.